Can 2 Products Have The Same Name?

What is it called when you use a brand name?

When you use a brand name as a generic term, you’re using a proprietary eponym, or, more simply, a generic trademark.

You’re probably familiar with this phenomenon, but there are more examples of it than you might realize.

You may be aware of Kleenex, Velcro and ChapStick, but what about escalator?.

What happens if someone trademarks your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name. However, you don’t have to trademark your business name to protect it.

How do I check if a company name is already taken?

To do this, simply go down to your county clerk’s office and see if the name is registered or on a list of fictitious names for businesses (in a few states, there is a statewide fictitious business names database that your county clerk can find and inform you).

Can you trademark the same name in a different class?

Thus, two different companies can have the same trademark, even for goods/services within the same class, so long as consumers are not likely to be confused about the origin of the goods/services.

Can 2 sole traders have the same name?

co.uk or ltd to a name that is otherwise identical to a registered trade mark makes no difference, you can’t use or register it.

What is a trade name for SBA loan?

A business can opt to have their business name and trade name be the same. A trade name may also be called a doing business as (DBA) name. It’s the name the public sees. Think of it as your business’s nickname.

Can I trademark a name already in use but not trademarked?

A registered trademark offers legal protection to unique logos and designs affixed to a tangible object. For this reason, you can’t file to register a trademark that someone else is already using if they used the trademark first.

How do I create a business name?

Use acronyms. A lot of major companies use acronyms instead of their full names – it’s easier to remember. … Create mash-ups. … Draw inspiration from mythology and literature. … Use foreign words. … Use your own name. … Take a look at a map. … Mix things up. … Partner with another company.More items…

How can I check if a company is registered in USA?

If you need to verify the existence or status of a legal entity, always check with the Secretary of State of the state where the business is registered. Some information in this database may be incorrect or out of date. The absence of a business from this database does not mean that it does not exist.

Can two companies have the same name in different countries?

Can two companies have same business name in different countries or states of USA? … Yes, it is very possible if the business name is not trademarked or registered in the same country or state. A trademark has a territorial aspect; it functions only within the country or state where it has been registered.

Can you have the same company name as someone else?

Your name cannot be the same as another registered company’s name. … If your name is too similar to another company’s name or trade mark you may have to change it if someone makes a complaint. Your name must usually end in either ‘Limited’ or ‘Ltd’.

Can someone use your business name?

You thought you had registered the name of the business as a trade mark, when it was only registered as a business name. Business name registration does not give you any rights to use that name at all, and no protection from other people who say you can’t use that name.

Can your trading name be different to your business name?

It is possible to officially register a company name at Companies House, but then use one or more ‘trading names’ as required by yourself or your organisation. Some companies trade under different names, with the name registered at Companies House belonging to the original company.

How do I protect my business name?

You can register your trade mark to protect your brand, for example the name of your product or service. When you register your trade mark, you’ll be able to: take legal action against anyone who uses your brand without your permission, including counterfeiters.

Can two companies have the same name in India?

A company cannot have the same name as another registered company. Any company formation or change of name application containing a company name that is the ‘same as’ or ‘too similar’ to an existing name will be rejected by Companies House. These rules exist to protect the general public from being misled or confused.

To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Don’t add a domain extension to your trademark to prevent others from registering the same name by adding another extension.

Can you use the same brand name for different products?

And the answer to that is yes because when you register a trademark, you don’t get a monopoly over a word, phrase, or logo itself. … So as long as your products and services are completely different from the other registered trademarks you can safely use or even register that.

Can two partnership firms have same name?

Name for a Proprietorship or Partnership company is decided by the promoter themselves and there are no restrictions for the same. … There cannot be two companies on the same name until and unless it is a sister concern company. Each company should have unique name to get registered as PVT LTD firm in Companies Act.

What happens if two companies have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

How do you know if I can use a business name?

In most states, the website of the state business filing agency includes an online entity name check tool. You can use the online tool to search business names and find out whether another business is already using the name you have chosen.